Dr. Vijender Kumar vs University Of Delhi & Ors

,,,

Prathiba M. Singh, J",,,

This hearing has been done by video conferencing.,,,

The present petition has been filed by nine students who are pursing the Master of Dental Sciences (hereinafter, “MDSâ€) Post Graduate",,,

Programme at Respondent No.3 college i.e., the Maulana Azad Institute of Dental Sciences (hereinafter, “MAIDSâ€). As per the Petitioners,",,,

students who have passed the second year and are pursuing the third year of the MDS programme are to submit a thesis as part of their course,,,

curriculum. The deadline for submission of the thesis, as per the amended ordinance of Delhi University (hereinafter, “DUâ€) relating to post",,,

graduate MDS courses, was 15th October, 2020, extendable up to two weeks. However, the Petitioners were recently informed of the fact that they",,,

have to submit their thesis by 30th June, 2020, extendable up to 31st July, 2020 with late fee.",,,

Ld. counsel for the Petitioners submits that the applicable Ordinance was amended on 20-21st July, 2019, which amendment was notified on the",,,

website of DU on 18th October, 2019. As per the said amended Ordinance, the deadline for submission of thesis is 15th October, 2020, extendable up",,,

to two weeks. Thus, it is the case of the Petitioners that the notice for submission of thesis by 30th June 2020, extendable by one month to 31st July",,,

2020 with late fee is completely arbitrary as students were not informed of the advancement of the date for submission in time. Further grounds have,,,

been raised that fixing such a deadline for submission of a thesis at such short notice especially during a pandemic has created panic amongst the,,,

students.,,,

This matter was listed on 17th July, 2020, on which date ld. counsels for DU and MAIDS sought time to place on record certain documents.",,,

Accordingly, the matter was adjourned for today. Both counsels have placed on record compilations of documents which have been considered by this",,,

Court.,,,

Mr. Mohinder Rupal, ld. counsel appearing for DU submits that DU had originally fixed the date for submission of thesis as April, 2020 which is",,,

clear from a reading of email dated 20th April, 2020 sent to all the colleges. The receipt of this email is also admitted by MAIDS. Mr. Rupal then",,,

submits that the Executive Council had met on 20-21st July, 2019 and amended the deadline for submission of thesis to 15th October, 2020, however,",,,

the same was to be subject to the approval of the Board of Research Studies (hereinafter, “BRSâ€). Any amendment to these ordinances,",,,

especially for post-graduate studies, has to be approved by the BRS, which, according to him, is clear from a reading of Clause 15.1 of the Ordinance",,,

of the University Relating to Post Graduate (MDS) Courses as per which the stipulated time frame for the thesis would be decided by the BRS. Ld.,,,

counsel further submits that even Appendix-III to the amended Ordinance, which specifies the date for submission of the thesis as 15th October, 2020",,,

and the date for submission of the thesis protocols as 30th October, 2020, is with the caveat that the same would be subject to change on the",,,

recommendation of the BRS.,,,

Mr. Rupal further submits that after the Ordinance was amended on 20-21st July, 2019 the BRS had met on 16th September, 2019 and in the said",,,

meeting, where Professor Sabita Mishra from the Maulana Azad Medical College (hereinafter, “MAMCâ€) was also present, it was decided by",,,

the BRS that the date of thesis submission would be 30th April, 2020. Ld. counsel thus submits that the BRS had not approved of the extension of the",,,

thesis submission till 30th October, 2020 and hence, the original date of 30th April, 2020 holds good. Ld. counsel also relies upon the e-mail dated 18th",,,

April, 2020 which was sent to all colleges wherein it has been mentioned that the original deadline was 30th April, 2020, however, the same has been",,,

extended to 30th June, 2020 and 31st July, 2020 with payment of late fee. Finally, he relies upon the Bulletin of Information issued by DU to argue that",,,

as far as students are concerned, the date was always known to the students as 30th April, 2020. Thus, the extended deadline of 30th October, 2020",,,

was never intimated to the students as the BRS had not approved it. It is also urged that the rules which were applicable to the 2018 batch would,,,

continue to apply to them and the amendment to the ordinance in 2019 would not affect the students of the 2018 batch.,,,

On behalf of MAIDS, Dr. Vikrant Narayan Vasudeva, ld. counsel submits that the two institutions, MAMC and MAIDS, are distinct and",,,

autonomous institutions. MAMC is the medical college and MAIDS is the Maulana Azad Institute of Dental Sciences. On 2nd August, 2019, MAIDS",,,

received a communication from DU that the date for submission of the thesis is 30th April, 2020. However, the Ordinance was thereafter amended",,,

and it was clearly specified that the date for submission of thesis would be 15 th October, 2020. Ld. counsel further submits that more confusion was",,,

caused by an e-mail which was received on 29th June, 2020 attaching therewith the old ordinance with the submission date as 30th April, 2020.",,,

Thereafter, MAIDS has been in continuous correspondence with DU seeking a clarification as to whether the amended Ordinance would apply or",,,

not. Ld. counsel submits that it was only on 4th July, 2020 that the clarification was received pursuant to which it issued communications to the",,,

students on 4th July, 2020 and 6th July, 2020 asking them to submit the thesis by 30th June, 2020, extendable up to 31st July, 2020 with payment of late",,,

fee. These communications have been challenged in the present writ petition. Further, Mr. Vasudeva relies upon the Regulations of the Dental Council",,,

of India (hereinafter, “DCIâ€) to submit that the thesis would have to be submitted six months before the conclusion of the course and hence the",,,

15th October, 2020 deadline is as per the DCI’s regulations.",,,

Various submissions have been made by Mr. Maggon, ld. Counsel for the Petitioners, to the effect that the BRS has no power to amend the",,,

resolution of the Executive Council. It is also submitted that while the amended ordinance was notified on 18th October, 2019, the BRS minutes have",,,

not been notified on the website of DU. The Petitioners go to the extent of arguing that the BRS minutes are fabricated and that the BRS could not,,,

have been constituted without the presence of MAIDS.,,,

This Court has considered the submissions of the parties i.e., MAIDS, DU and the Petitioners. There are various aspects which arise for",,,

consideration by this Court:,,,

(i) What is the effect of the Executive Council’s decision dated 20-21st July 2019 amending the Ordinance in respect of the MDS course?,,,

(ii) Whether the said amendment, in respect of the timeline for submission was subject to approval of the BRS?",,,

(iii) What is the role of the BRS i.e., whether the BRS’s role is only confined",,,

to the approval of the Thesis protocol or even the timelines?,,,

(iv) Whether the amendment of the Ordinance and thereafter the Minutes of Meeting of the BRS dated 16th September, 2019 were intimated by DU",,,

to MAIDS?,,,

(v) Whether MAIDS had notified its students of the Executive Council’s amendment in the Ordinance dated 20-21st July 2019?,,,

Item No.10,"The BRS considered the schedule of submission of thesis protocol and thesis for MD/MS/MDSa nd

Super Specialty courses to the Faculty of Medical Sciences:",,

,Course,Thesis Protocols submission,Thesis submission

,"(a) MD/MS/MDS

(b) The (MD/MS) Students who hav

already done Diploma in Same subjects","(a) 30th October of the 1 st

year of the course

e

(b) 1st September of the 1st

year of the course","(a) 30th April (at the end of

2 nd year of the course)

(b) First week of October in

the 2nd year of the course

,"S u p e r Specialty course (where

applicable)","30th November of the first

year of the course","30th November (beginning

of the 3rd year of the

course)

,17.3 No extension of time shall ordinarily be granted for submitting the thesis-protocol/thesis,,

,beyond the last date stipulated for the purpose. The BRS may allow submission of the,,

,thesisprotocol/thesis beyond the last date for genuine reasons on recommendations of Head of the,,

,"institution.

Extension of thesis submission for MD/MS/MDS beyond 30th April may be granted to am aximum",,

,"of one month with late submission fee for Rs. 1000/- per week. For Super speciality courses where

applicable, submission of Thesis beyond 30th November may be granted to a maximum of one

month with late submission fee of Rs. 1000/- per week.

In case of such late submission, of thesis beyond one month the student shall not be allowed to

appear in the final examination at the end of normal duration of the course. He/ she may be

allowed to appear in supplementary or subsequent examinations at least six months after

submission of the thesis, subject to approval of thesis. No relaxation will be granted in this regard.

The Protocols will be reviewed by the Head of the Departments within four weeks after receipt of

the protocols by the Faculty of Medical Sciences. Any Comments/revision of protocols, if

necessary should be communicated by the HOD Faculty of Medical Sciences to the candidate and

the Institution within four weeks of submission of the protocols. The revised Thesis protocol should

be received not later than eight weeks from the actual date of submission (i.e. 30th October for

MD/MS/MDS and 30th November for Super specialty courses)T. he BRS should consider the

protocols by 15th January for MD/MS/MDS coursesa nd 15th February for Super Specialty

courses and communicate the approval to the Institution and candidates.

Any request by candidate for revision in the thesis-protocol after approved by BRS should have

recommendations of the institutions and should be received in office of Faculty of Medical

Sciences within 2 months of BRS meeting in which protocol was approved. The Chairman BRS, in

consultation with concerned HOD, would take a decision in the matter. In case of dispute, the

Chairman may place the matter before an emerging meeting of BRS.

The BRS after examining the provisions of the PG Ordinance and discussionr esolved that the

existing regulations continue. The faculty must get protocol review process furnished as per

existing guidelines.",,

b) that the students were informed that the date of 15th October, 2020 was again changed to 30th April, 2020; and",,,

c) that the date of 30th April, 2019 was once again changed to 30th June, 2020 extendable up to 31st July, 2020 with payment of late fee.",,,

Neither DU nor MAIDS have been able to place on record proper documents to establish as to when the colleges and students were notified of,,,

the various changes in deadlines for submission of thesis. Thus, one thing is clear that the last date for submission of thesis has been muddled up and",,,

confusion has been created in the minds of students. Mr. Mohinder Rupal submits that MAIDS is a non-COVID hospital. Ld. counsel for the,,,

Petitioner - Mr. Sarthak Maggon submits that four out of the nine Petitioners are on COVID duty. Insofar as the students who have approached this,,,

Court are concerned, considering the lockdown and the stress on all medical colleges and institutions and also considering that the original Executive",,,

Council’s amendment had extended the time till 15th October, 2020, this Court is inclined to grant extension of time for submission of thesis till",,,

30th September, 2020. The same shall however be subject to payment of late fee of Rs.5,000/-. Those Petitioners who are capable of submitting their",,,

thesis by 31st July, 2020 would be permitted to do so without any late fee payment. The payment of late fee shall be subject to further orders of this",,,

Court.,,,

The above order is being passed in the interest of third year MAIDS students who have approached this Court for relief. Considering that there is,,,

enormous mis-communication between the authorities and the circulars were not adequately circulated amongst the students, this relief is being",,,

granted at the prima facie stage. The same shall not be considered as an opinion on merits either regarding the powers of the Executive Council and,,,

the BRS or as to the genuinity and validity of the BRS minutes, which issues shall be considered at the stage of final adjudication of the writ petition.",,,

Let the counter affidavit be filled within four weeks. Reply to the counter affidavit be filed within two weeks thereafter.,,,

List on 9th September, 2020.",,,